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In Re Marriage of Smith

OPINION FILED OCTOBER 15, 1981.

IN RE MARRIAGE OF JOANNE D. SMITH, PETITIONER-APPELLANT, AND ANDREW P. SMITH, RESPONDENT-APPELLEE.


APPEAL from the Circuit Court of Kane County; the Hon. ERNEST AKEMANN, Judge, presiding.

MR. PRESIDING JUSTICE SEIDENFELD DELIVERED THE OPINION OF THE COURT:

Joanne D. Smith (the wife) appeals from a portion of the judgment of dissolution of marriage which disposed of marital property, and from the award of child support, maintenance and attorney's fees. Andrew P. Smith (the husband) cross-appeals from the portion of the judgment which awarded certain marital property to the wife or directly to the children, and the child support award.

The judgment appealed from was entered on December 12, 1980. Based on our view of the record, we have stated the property division decreed by the court in the following outline:

HUSBAND

Keogh Plan $ 56,145.57 Life Insurance (Cash surrender value) 25,000.00 Savings Account 8,169.00 Note (payable by Timothy Smith, son of parties) 4,461.63 1/2 marital residence 50,000.00 (approx.) 1973 Maverick No evidence of value Certain household items No evidence of value ___________ Total $143,776.20

WIFE

Marital

Merrill Lynch Account $ 73,171.00 Commonwealth Edison Stock 20,250.00 1/2 marital residence 50,000.00 (approx.) 1975 Ford station wagon No evidence of value Remainder of household goods No evidence of value ___________ $143,421.00

Non-marital

Silver place settings No evidence of value Wife's expected inheritance Estimated at $100,000

CHILDREN

All camping equipment No evidence of value Piano No evidence of value 1974 Monza (for use of Kathy, then David) — title in wife's name as trustee No evidence of value

The husband is a licensed professional engineer in his own business with two small municipalities as his principal clients. The parties were married on September 11, 1954, eight children being born of the marriage, seven of whom are surviving; five children live in the marital residence, three of whom are minors; he is age 53 and she, 48; before and for a short time after their marriage she was a private secretary. The parties' tax returns for 1974-1979 were admitted into evidence. The 1978 return reflected net income of approximately $38,000 and that of 1979 approximately $34,000.

Business income was augmented by stock dividends, interest income and a capital gain from sale of stock. Because the wife was awarded all the stock, most of this income will no longer accrue to the husband. The husband paid almost $2,000 social security in 1979. Thus, if the husband earns similar amounts in 1980, he would have about $32,000 disposable income before payment of Federal and ...


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